Anil Meghraj Gehi v. The Collector And 2 Others
1/3 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2183 OF 2015 Anil Meghraj Gehi
...Petitioner
Versus
The Collector and Ors.
...Respondents
Ms.Duraiya Saifuddin Retiwala a/w Ms.Rashida M.Y.Retiwala, for the Petitioner Ms.Geeta Shastri, A.G.P for the Respondent Nos.1, 2 and 3. CORAM : DR. MANJULA CHELLUR, C.J. & M. S. SONAK, J.
DATE : 7th NOVEMBER, 2017 P.C. :
1.
Heard the learned counsel for the parties.
2.
The challenge in this petition is to the order dated 22nd December, 2014 made by the Superintendent of Land Records. The complaint of the petitioner is that the petitioner's name has been entered into the land records but the same has been entered in the capacity as Executor and not as Owner.
2/3 3.
The petitioner has thereafter filed an application seeking rectification. The authorities have required the petitioner to submit a response. The petitioner's claim is that the response has also been submitted.
4.
We are not inclined to entertain this writ petition mainly because the order dated 22nd December, 2014 made by the Superintendent of Land Records is appealable under the provisions of the Maharashtra Land Revenue Code. There is no explanation in the petition as to why such appeal has not been instituted or why such appeal cannot be instituted. 5.
In the petition of this nature, it is not for us to venture into disputed question of determining the rights and status of the parties. Since, the petitioner has efficacious alternate remedy available, there is no necessity to entertain the present petition. Besides, it is well settled that entries in revenue records are not determinative of right or title to the property in question. In case of any issues in this regard, parties can always institute proceedings before Civil Court.
3/3 6.
For all the above reasons, we dismiss the writ petition. The petitioner is at liberty to avail the alternate remedies available under the law.
M. S. SONAK, J.
CHIEF JUSTICE